ELECTION APPEALS MASTER

FOR THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS

On March 4, 2021, the Election Supervisor issued Protest Decision 2021 ESD 69 and found that Grant Mertz and Anthony Seiler, members of Local Union 952, violated the Election Rules because they campaigned to members while those members were actively working. The Election Supervisor ordered that Mr. Mertz, Mr. Seiler, and others involved in their slate cease and desist from campaigning to members who are on employer-paid time.

On March 6, 2021, Patrick Kelly, a delegate candidate in Local 952’s election, appealed the decision and requested a stay of the remedy until after the delegate elections are concluded.  Mr. Kelly contends that there is a practice of street and gate political activity in the Western Region that would harm his campaign if the stay is not ordered. On March 8, 2021, Mr. Kelly filed a statement in support of the stay. That same day, the Election Supervisor submitted a letter opposing the stay.

Mr. Kelly’s request to stay the remedy until after the conclusion of Local 952’s delegate election would nullify the remedy ordered by the Election Supervisor. A stay under these circumstances would, therefore, frustrate the goals established by the Election Rules of ensuring that violations are remedied quickly and do not impact the outcome of ongoing elections. See Article XIII.

Accordingly, the requested stay is DENIED. A Notice of Hearing for the appeal will be issued shortly.

Hon. Barbara S. Jones (Ret.) Election Appeals Master

DATED:         March 8, 2021